California Solar Easement Law

Remodeling and construction of new buildings on adjacent parcels.

California solar easement law. The right to receive sunlight is recognized as an easement in california civil code section 801. Solar easements solar easements are relatively new. In other words if the appropriate steps are taken the solar host airspace above the p v. The solar rights act comprises the following california sections of law.

States that residents have the right of receiving sunlight and it shall be referred to as a solar easement. The solar rights act and the solar shade act according to go solar. The department of conservation established procedures fees standards and criteria for solar use easements under regulations adopted early in 2014 title 14 of the california code of regulations. Law on california property easements.

Solar easement means the right of receiving sunlight across real. To as a solar easement. California civil code sections 714 and 714 1 california civil code section 801 california civil code section. State law recognizes the benefit of trees for shading but also realizes that trees can block sunlight necessary for solar power.

California solar protection laws. In california today solar easements are a creature of statute. California s success is due in large part by the enactment of several major laws which guarantee unrestricted access to the power of the sun dating as far back as 1978. An easement is a right to use land that belongs to another as opposed to a right to possess land of another.

It also describes the minimum requirements needed to create a solar easement. California has long recognized easements as an. Solar easements and easements for light air or view a. Property of another for any solar energy system.

System is guaranteed to be free of shade from vegetation growth increased building heights as a result of. An old english common law legal doctrine ancient lights is occasionally applied to prevent the shading of property by adjoining construction or the erection of spite fences intended to block air light or views. The california solar rights act allows for solar easements for solar energy systems on properties which are not owned by the owner. Many states have legislation allowing private parties to contractually create solar easements.

They were not initially recognized at common law. Montana s law is similar to new york state s calling for a written document that includes the location of the easement. In california two laws protect solar system owners. California civil code section 801 5.

The regulations clarify sb 618 language and the department s role in implementing the solar use easement statute.